DUI Defense Lawyers in Indian River County, Florida

How to Beat a Driving Under the Influence Charge in Florida

Indian River County, Florida is one of the state’s more affluent communities, with a population of approximately 160,000. Indian River County is in the “Treasure Coast” region that attracts visitors and tourists each year. With a steady influx of visitors and tourists in addition to full-time residents and students, Indian River County prosecutors are routinely taking on driving under the influence (DUI) cases. Although DUI cases are not the most serious criminal matters prosecutors are handling, the consequences of facing a conviction, even for a misdemeanor, can be devastating to a person’s livelihood. If you have been arrested on suspicion of driving under the influence of alcohol or drugs, you must immediately act to retain a qualified Indian River County DUI Defense Lawyer who can represent your legal rights.

Florida DUI Arrest Statistics – Where the State Ranks Among the Rest

Despite Florida’s large population and booming tourism industry, the state ranks low when it comes to DUI arrests. In 2018, Florida came in at 46 in the nation for its DUI arrest rate of 151 DUI-related arrests per 100,000 people. While Florida’s DUI arrest rate is low, Indian River County law enforcement officers regularly arrest and detain individuals on suspicion of driving under the influence. Statistics only tell a broad story that does not apply to ever part of Florida equally. As such, all drivers in Indian River County Florida – whether they are full-time residents or visitors – should assume that law enforcement officers, prosecutors, and judges will take DUI matters very seriously.

DUI Laws and Penalties in Indian River County, Florida

Driving under the influence (DUI) and driving while intoxicated (DWI) charges are fairly uniform across the country in terms of the legal limit of alcohol. In most states, including Florida, the legal limit of alcohol for a driver aged twenty-one or older is a blood-alcohol content (BAC) of .08. All states prosecute DUI cases differently, and the penalties for conviction will vary from state to state.

Pursuant to Florida Statute § 316.193(1), a driver aged twenty-one or older who is stopped and/or pulled over on suspicion of driving under the influence may face DUI charges if:

• The driver is in actual and physical control of the vehicle at the time of the stop; and
• The driver’s normal faculties are impaired by intoxication of alcohol or drugs; or
• The driver’s blood-alcohol level is .08 or more grams of alcohol per 100 milliliters of breath; or
• driver’s breath-alcohol level is .08 or more grams of alcohol per 210 liters of breath.

In all DUI cases, a person can only be convicted if he or she was in actual physical control of the vehicle at the time of the stop. In some cases, whether the accused driver was actual driving or in actual physical control of the vehicle is a point of contention that may be fought in court. If prosecutors can establish that the accused person was in actual physical control of the vehicle at the time of the stop, then the next step is to prove just ONE of three elements, as identified above.

A breathalyzer test will determine whether a driver’s BAC reading is within or above the legal limit of .08. If a BAC test result reveals a driver is well within the legal limit, a prosecutor may rely on a police officer’s interpretation that a driver’s “normal faculties” were impaired by the use of alcohol or drugs. Given the numerous factors at play when evaluating a DUI case, it is critical that anyone facing charges work alongside an Indian River County DUI Defense Lawyer. Moving forward alone or without an experienced lawyer can be detrimental to one’s legal rights.

Florida’s DUI laws for minors is stricter than many other states. For example, the legal limit for minors in many states throughout the country is .04. However, under Florida Statute § 322.2616, the legal limit for minor drivers stopped and/or pulled over in Florida is only .02, which means a very small amount of alcohol is enough to result in criminal charges for a minor. While minors accused of committing crimes in Florida are dealt with in a different system than the adult criminal system, DUI charges are nonetheless very serious.

Whether a driver is a minor or adult, the consequences of being convicted of driving under the influence in Indian River County, Florida are numerous and harsh. While jail time may be avoidable in many cases, a driver still may face long-term consequences that follow the driver around for a year or longer after a DUI matter is decided in court.

Florida law identifies a variety of DUI charges that differ in type and severity based on alleged conduct in question. The DUI charges range in severity as follows, from the most minor of DUI charges to the most severe:

DUI CHARGE	LEVEL OF OFFENSE	MAXIMUM JAIL TIME	MAXIMUM MONETARY FINES
First DUI with BAC of .08 or Greater	Unclassified Misdemeanor	6 Months	$1,000
First DUI with Minor Under 18 as Passenger	Unclassified Misdemeanor	9 Months	$2,000
First DUI with BAC of .15 or Greater	Unclassified Misdemeanor	9 Months	$2,000
Second DUI with BAC of .08 or Greater	Unclassified Misdemeanor	9 Months	$2,000
DUI Involving Property Damage	First-Degree Misdemeanor	1 Year	$1,000
Second DUI with BAC of .15 or More	Unclassified Misdemeanor	1 Year	$4,000
Third DUI More Than 10 Years After Prior DUI	Unclassified Misdemeanor	1 Year	$4,000
Third DUI Within 10 Years of Prior DUI	Third-Degree Felony	5 Years	$5,000
Fourth DUI	Third-Degree Felony	5 Years	$5,000
DUI Involving Bodily Injury	Third-Degree Felony	5 Years	$5,000
DUI Manslaughter (death of another person or unborn child)	Second-Degree Felony	15 Years	$10,000
DUI Manslaughter with Failure to Render Aid	First-Degree Felony	30 Years	$10,000

If a DUI case in Indian River County results in a negotiated plea deal, whereby the accused driver pleads guilty to a less serious offense, the driver’s criminal record may avoid a conviction of DUI. The driver may also avoid jail time, but he or she likely will still have to face some consequences associated with the plea agreement. For drivers who are ultimately convicted of a DUI offense, they too may avoid jail time, but they will have to face some consequences.

Drivers who are convicted and have to spend time in jail (such as in the case of repeat DUIs or felony DUIs), they will undoubtedly face additional consequences after release from jail. Unless a DUI case is dismissed on legal or evidentiary grounds, all drivers who either plead guilty or are found guilty at trial should expect to face consequences that include, but may not be limited to, the following:

• Probation (which can last for more than one year in some cases);
• The requirement to undergo a mental health evaluation;
• The requirement to attend drug and alcohol counseling and/or treatment;
• The requirement to undergo random alcohol and drug testing;
• The requirement to install an ignition interlock device on each of the driver’s vehicles;
• The suspension or revocation of the driver’s license (which can be permanent in severe cases);
• The requirement to apply for a Hardship Driver’s License that allows a driver to have limited driving privileges during a time of suspension and/or probation; and
• A permanent criminal record showing a DUI arrest and conviction.

Most DUI cases in Indian River County are misdemeanors that do not result in jail time. However, some DUI cases that involve felony conduct can lead to decades in jail, and such matters should only be handled by a reputable Indian River County DUI Defense Lawyer.

Defending a DUI Case in Indian River County, Florida – Building a Strong Case

A person facing DUI charges or any other criminal charges, must be proven guilty beyond a reasonable doubt. When evidence is undisputed, and a driver will likely be found guilty at trial, the best outcome is to negotiate a resolution that fits the conduct at issue. What this means is that a first-time DUI offender for a minor DUI offense should not have to face harsh consequences. The right Indian River County DUI Defense Lawyer will work closely with prosecutors to achieve a fair result.

When legal grounds exist to seek dismissal of a DUI case in Indian River County, an experienced Indian River County DUI Defense Lawyer will identify all possible ways in which the case can be dismissed. Police conduct and the arrest and detention process following a DUI pullover/stop are crucial steps in a DUI case that can affect the accused driver’s constitutional rights. Additionally, a lack of sufficient evidence to prove a driver was driving and/or in actual physical control of the vehicle at the time of a DUI pullover/stop, and/or that the driver was actually intoxicated with alcohol or drugs may provide grounds for dismissal.

Examples of reasons why DUI charges may be dismissed include, among others, the following:

• Arresting officer’s failure to read the accused driver his/her Miranda rights;
• Law enforcement officers’ failure to adhere to Florida’s arrest and detention laws (to be further discussed below on this page);
• Failure to acquire accurate BAC results;
• Arresting a driver solely based on a failed field sobriety test;
• Arresting officer’s unlawful pullover/stop of the driver (i.e., having NO legal grounds to pull the driver over);
• Arresting officer’s mistaken belief that the accused person was driving and/or in actual physical control of the vehicle when, in fact, a different person was the intoxicated driver; and
• Arresting officer’s mistaken belief that the accused driver’s “normal faculties” were impaired, when, in fact, the driver was experiencing a medical event.

Because all DUI cases present unique facts, the possible defenses to DUI charges in Indian River County will vary. Regardless of the available facts and evidence, an Indian River County DUI Defense Lawyer with ample experience and resources should be handling a DUI case from start to finish.

After the Stop – The DUI Arrest and Detention Process in Indian River County, Florida

After a person is arrested on suspicion of driving under the influence of alcohol or drugs, the person is transported to the local jail. At this time, law enforcement officers will have the discretion to either let the accused person leave or to keep the accused person in custody. If kept in custody, Florida law provides a limit on how long the person can be kept in custody. Under Florida Statute § 316.193(9), a person arrested and detained on suspicion of driving under the influence of alcohol or drugs can remain in custody until ONE of the following occurs:

• The arrested person’s BAC reading is less than .05;
• The arrested person’s “normal faculties” are no longer impaired by the suspected use of alcohol or drugs; or
• The arrested person has been in custody for at least 8 hours.

Most individuals arrested and detained on suspicion of driving under the influence in Indian River County will not know the specific Florida laws that govern the DUI arrest and detention process. As such, if a person is kept in custody for longer than allowed by law, the person may not realize that their legal rights have been violated. Given that a person’s legal rights may be compromised the instant he or she is arrested, the first phone call an accused person makes should be either to an Indian River County DUI Defense Lawyer or to a person who can quickly locate a qualified Indian River County DUI Defense Lawyer.

Can I Refuse to Submit to a Breathalyzer Test in Indian River County, Florida?

Under Florida law, as in many states, drivers give “implied consent” to submit to a breathalyzer test, blood test, urine test, or field sobriety test upon request after being pulled over/stopped on suspicion of driving under the influence of alcohol or drugs. However, the implied consent law only applies when the DUI pullover/stop is lawful. If a DUI stop is lawful, a driver who refuses to submit to a requested test will automatically have his or her driver’s license suspended, which could last up to one year for a first offense.

As such, while a person can refuse to submit to a test, the person should expect to face a license suspension by doing so. But, because many officers make mistakes and DUI stops are not always lawful, anyone who is facing DUI charges must act quickly to speak with an Indian River County DUI Defense Lawyer. A superior lawyer will thoroughly review the matter to determine if the DUI stop was legal.

The Hardship Driver’s License – Retaining Driving Rights After a DUI Matter

If a person’s driver’s license has been suspended following a DUI arrest or conviction, he or she can seek to obtain a Hardship Driver’s License in the state of Florida, which will allow the person to drive for limited purposes, such as driving to and from school, to and from work, to the grocery store, church, and other reasons deemed to be essential.

How Do I Know Which Indian River County DUI Defense Lawyer is For Me?

The quality of a lawyer-client relationship is critical to the success of a DUI case in Indian River County, Florida. A client must feel comfortable that his or her Indian River County DUI Defense Lawyer has the necessary skill, experience, resources, track record of success in prior DUI (and other) criminal matters, a good reputation in the legal community (such as with prosecutors, judges, court staff, public defenders, and fellow lawyers in private practice). Talent in the courtroom does not always equate to having strong interpersonal skills with clients. Legal representation is as much about advocating for a client’s rights as it is about providing the best customer service possible.

While hiring an Indian River County DUI Defense Lawyer costs money, the risk of facing jail time, thousands of dollars in fines, and other limitations on a person’s legal rights is simply too great to choose an inexperienced lawyer or the cheapest lawyer. Public defenders are certainly an option for clients who cannot afford to hire a lawyer. However, many Indian River County DUI Defense Lawyers work with clients to formulate a payment plan that works. Clients should not compromise their legal rights simply because of the cost of legal representation. Public defenders may be experienced and excellent lawyers, but they are unfortunately not provided sufficient resources that private law firms have, such as working capital to hire experts and the staff to help even the workflow. The choice of an Indian River County DUI Defense Lawyer will be the most important decision a person makes when facing DUI charges.

Contact the Indian River County DUI Defense Lawyers of Musca Law Today!

If you are facing DUI charges in Indian River County, Florida, you have a tough fight ahead that will require the assistance of a skilled and experienced Indian River County DUI Defense Lawyer. Although many DUIs are misdemeanors, they can still cause substantial hardship in your life. The Vero Beach Defense Lawyers of Musca Law have handled countless DUI matters along with other very serious criminal matters throughout their legal careers. Our team of lawyers has more than 150 years of combined experience helping clients like you. To speak with an Indian River County DUI Defense Lawyer, contact Musca Law 24/7 by calling (888) 484-5057.